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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


LAW  UBRARY 


[9C0XSIN   Free  Libr.\ry   Commission 
-KGisLAiiVE  Reference  Department 
CoMPARATR^  Legislation'  'Rt^rj.KTrv 
No  3 


CORRUPT  PRACTICES  AT 
ELFXTIONS 

Contributions  and  Expenditures 


MARGARE^r   A.  SCHAFFNER 


MA.DISOX,  WISCONSIN 

I'EBRT'ARY,   1906 


Jin  pi  csent  ag'iUiinjii  ovci  Lampaign  cX]>eiiaiUUcs, 
and  also  campaign  contributions,  by  insurance  com- 
panies has  made  necessary  this  brief  digest  of  legisla- 
tion upon  this  subject. 

Charles  McCarthy, 
Librarian  Legislative  Reference  Department. 


CORRUPT   PRACTICES  AT 
ELECTIONS 

CONTRIBUTIONS  AND  EXPENDITURES 


MARGARET  A.  SCHAFFNER 


COMPARATIVK    LEGISLATION    BULLETIN  — NO    3— FEBRUARY    1906 

Compiled  with  the  co-operation  of  the  Political  Science  De- 
partment of  the  University  of  Wisconsin 


Wisconsin    Fuek    Library     Commission 

LKGISLATIVE    IlKl'KliKXCE    DEPAKTMKNT 

Madison  Wis. 
1906 


CONTENTS 


Pnge 

REFERENCES     3-4 

LIMITATIONS    ON    CONTRIBUTIONS    AND    EXPENDIT- 
URES      5-8 

What  Abe   Corbdpt  Pkacticbs    5-6 

Definitions    6-6 

Corrupt  Contributions  and  Expenditures  6-7 

Expenditures    6-7 

Contributions 7 

Purpose  of  Limitations    7-8 

Common   law   regulation    7-8 

Statutory    provisions    8 

LAWS  AND  JUDICIAL  DECISIONS    9-29 

Foreign   countries    9-10 

United    States    10-29 

SUMMARY    30-35 

Publicity 30-31 

Restrictions  on  contributions 31 

Limitations   on    expenditures    31-32 

Procedure  for  judicial  inquiry *. 33 

I'enaltles   33-35 


REFERENCES 


AssociATio>-  TO  Prevent  Corkitt  Practices  at  Elections. 
Recent  legislation  on  prevention  and  punishment  of 
corrupt  practices  at  elections.    New  York,  1905. 

Gives  laws  for  California,  Connecticut,  Massachusetts,  New 
York   and   Ontario. 

Belmont,  Perry.    Publicity  of  election  expenditures.    Nortk. 
American  Review,  Feb.  1905,  vol.  180,  p.  166-85. 
A    brief   survey    of    recent    legislation. 

DiCKi>"SON,  Reginald.  Summary  of  the  constitution  and 
procedure  of  foreign  parliaments.  2nd  ed.  London, 
1890. 

Chapter    I    gives   leading   points   of   corrupt    practices   acts. 

Fox,  G.  F.  Argument  before  the  judiciary  committee  (state 
legislature,  Connecticut)  on  plan  to  prevent  corrupt 
practices  in  elections.     New  Haven,  1905. 

Argument  for  enactment  of  Connecticut  law  of  1905. 

Great  Britain  PAiiLiAMENTARv  Papers.  Reports  on  the 
practice  prevailing  in  foreign  countries  in  contests  for 
election  to  representative  legislative  assemblies.  S 
parts.     London,  1881-82. 

One    of    the    l»est    sources    for    the    foreign    law    on    corrupt 
practices. 

Great  Britain  Parliamentary  Papers.  Return  for  parlia- 
mentary election,  1900.  (Commons  No.  352)  London, 
1901. 

James  Henry.  British  corrupt  practices  act.  Forum,  April, 
1893,   vol.   15,   p.   129-41. 

A    lucid    account   of   the   working   of   the    British   statute   by- 
its  draftsman. 


CORRUPT  PRACTICES  AT  ELECTIONS 


Jelf,  E.  a.     Corruj)t  and  illegal  practices  prevention  acts. 
3rd  ed.    London,  1905. 

Gives  the  general  policy  and  effect  of  the  English  acts  In- 
cluding notes  of  judicial  decisions,  and  a  discussion  of  elec- 
tion   petitions. 

Jenks,  J.  W.     Money  in  practical  politics.     Century,  Oct. 
1892,  vol.  44,  p.  940-52. 

Gives  specific  information  on  assessment  of  candidates, 
voluntary  contributions,  and  the  purchase  of  votes. 

liEFfivRE-PoNTALis,  Antonin.  Libs  Slcotions  en  Europe  a  la 
fin  du  19e  siecle.    Paris,  1902. 

Treats  briefly  the  law  against  corrupt  practices  in  the 
main    countries   of   Europe. 

Rogers.    On  elections.    17th  ed.    3  vols.    London,  1894. 

Includes  analysis  of  English  corrupt  practices  acts.  Stat- 
utes  given   in   appendix. 


CORRUPT  PRACTICES  AT  ELECTIONS 


LIMITATIONS    ON    CONTRIBU- 
TIONS AND  EXPENDITURES 


WHAT  ARE  CORRUPT  PRACTICES 

Definitions 

England.  Under  the  British  statute^  corrupt  prac- 
tices at  elections  include:  i.  bribery;  2.  treating;  3. 
undue  influence ;  4.  personation,  and  aiding,  abetting, 
counselling,  and  procuring  the  commission  of  the  of- 
fense of  personation ;  5.  knowingly  making  a  false 
declaration  as  to  election  expenses. 

The  English  law  also  defines  and  provides  penalties 
for  illegal  practices  and  illegal  payments. 

United  States.  The  definitions  for  corrupt  practices 
vary  for  the  several  states. 

A  typical  definition  is  found  in  the  Connecticut  law 
of  1905,  c.  280,  sec.  IT,  which  designates  the  following 
acts  as  corrupt  practices :  bribery ;  solicitation  of  can- 
didates for  campaign  contributions,  except  by  political 
committees ;  contributing  campaign  funds  to  others 
than  to  authorized  treasurers  or  political  agents ;  offer- 
ing to  procure  ofiice  or  appointment  for  another  in 
order  to  influence  his  vote ;  making  or  receiving  cam- 
paign contributions  under  assumed  name. 


'Corrupt   and    illegal   practices   prevention    acts,    1883    (46    and 
47  Vict.   c.   51)    and    1805    (58   and   59  Vict.   c.    40). 


G  CORRUPT  PRACTICES  ATT  ELECTI0:S8 

The  California  law  of  1893,  c.  16,  and  the  Minnesota 
law  of  1895,  c.  27^,  also  give  extended  definitions  of 
corrupt  practices. 

CORRUPT   CONTRIBUTIONS   AND  EXPENDITURES 

Within  recent  years  the  legislatures  of  nearly  a  score 
of  our  states  have  placed  limitations  upon  the  irre- 
sponsible disposition  of  money  in  elections,  and  have 
sought  to  separate  corrupt  contributions  and  expendi- 
tures from  those  that  are  lawful. 

Expenditures 

In  some  of  the  states  lawful  expenditures  are  enu- 
merated in  the  statutes  and  all  others  are  expressly  for- 
bidden. 

Minnesota.  Thus  the  Minnesota  law  of  1895,  c. 
2^/,  limits  legal  expenditures  to  the  following:  i. 
for  the  personal  traveling  expenses  of  the  candidate, 
2.  for  the  rent  of  hall  or  rooms  for  the  delivery  of 
speeches  relative  to  principles  or  candidates  in  any 
pending  election,  and  for  the  renting  of  chairs  and 
other  furniture  properly  necessary  to  fit  such  halls,  or 
rooms  for  use  for  such  purjjoses ;  3.  for  the  payment 
of  public  speakers  and  musicians  at  public  meetings 
and  their  necessary  traveling  expenses ;  4.  printing  and 
distribution  of  lists  of  candidates  or  sample  tickets, 
speeches  or  addresses  by  pamphlets,  newspapers  or 
circulars,  relative  to  candidates,  political  issues  or  prin- 
ciples, cards,  handbills,  posters  or  announcements ;  5. 
for  challengers  at  the  polls  at  elections ;  6.  for  copying 
and  classifying  of  ix)ll  lists ;  7.  for  making  canvasses  of 
voters ;  8.  for  postage,  telegraph,  telephone  or  other 
public  messenger  service ;  9.  for  clerk  hire  at  the  head- 


CORRUPT  PRACTICES  AT  ELECTIONS  7 

quarters  or  office  of  such  committee ;  lo.  for  convey- 
ing infirm  or  disabled  voters  to  and  from  the  polls. 

Connecticut.  The  Connecticut  law  of  1905,  c.  280, 
sec.  5,  enumerates  the  expenses  which  may  be  lawfully 
incurred  by  treasurers  of  committees  and  by  political 
agents  as  follows:  (a)  for  hiring  public  halls  and 
music  for  conventions,  public  meetings,  and  publ'c  pri- 
maries, and  for  advertising  the  same;  (b)  for  printing 
and  circulating  political  newspapers,  pamphlets,  and 
books;  (c)  for  printing, and  distributing  ballots  and 
pasters;  (d)  for  renting  rooms  to  be  used  by  political 
committees;  (e)  for  compensating  clerks  and  other 
persons  employed  in  committee  rooms  and  at  the  polls ; 
(f)  for  traveling  expenses  of  political  agents,  commit- 
tees, and  public  speakers;  (g)  for  necessary  postage, 
telegrams,  telephones,  printing,  express,  and  convey- 
ance charges.  Expenses  not  specially  authorized  are 
not  to  be  incurred. 

Contributions 

Provisions  against  contributions  from  certain  speci- 
fied sources  present  a  further  attempt  to  h'mit  and  reg- 
ulate campaign  funds.  The  prohibition  of  corporate 
contributions  for  political  purposes  is  found  in  a  num- 
ber of  states.  Among  other  restrictions  in  force  are 
those  against  the  political  assessment  of  public  officers 
and  employees,  and  the  solicitation  of  candidates. 

PURPOSE  OF   LIMITATIONS 

Common  law  regulation 

In  a  decision  given  in  1762  Lord  Mansfield  points 
out  that  "Bribery  at  elections  for  members  of  parlia- 
ment must  undoubtedly  have  always  been  a  crime  at 
common   law  and  consequently  punishable  by  indict- 


8       CORRUPT  PRACTICES  AT  ELECTIONS 

ment  or  information."     Rex.  v.  Pitt  and  Rex  v.  Mead, 
3  Burr.  1335. 

Statutory  provisions 

But  while  the  common  law  was  able  to  check  direct 
and  open  bribery,  statutory  limitations  have  become 
necessary  in  order  to  make  the  law  effective  against 
the  more  subtle  and  insiduous  methods  of  corruption. 


CORRUPT  PRACTICES  AT  ELECTIONS 


LAWS   AND   JUDICIAL    DECISIONS 


Foreign  countries 

England.  Corrupt  and  illegal  practices  prevention 
acts,  1883  (46  and  47  Vict.  c.  51)  and  1895  (58  and 
59  Vict.  c.  40)  The  Engiish  law  provides  penalties 
for  false  personation  at  the  polls,  repeating,  intimida- 
tion, undue  influence,  and  bribery  of  voters.  It  re- 
stricts the  employment  of  paid  agents,  clerks,  messen- 
gers, etc.  by  candidates  or  election  committees  within 
narrow  limits.  It  pr-escribes  a  fixed  scale  of  lawful  ex- 
penditures by  candidates  and  committees  and  requires 
a  full  account  of  such  expenditures. 

Canada.  Rev.  St.  1886,  c.  8,  9,  10,  and  Dominion 
elections  act,  1900  (63-64  Vict.  c.  12)  The  main  prcv- 
visions  of  the  British  act  are  adapted  to  Canadian  con- 
ditions. 

Austria,~Hungary.  The  Austrian  Penal  Code  pun- 
ishes corrupt  practices  at  elections  by  imprisonment. 
Tlie  Hungarian  Electoral  Law  of  1874  deals  similarly 
with  corrupt  practices  but  is  less  eflfective. 

Belgium.  The  Code  Electoral  makes  corrupt  prac- 
tices punishable  by  fine  or  imprisonment  or  both,  and 
deprives  any  person  who  has  bribed  or  been  bribed  of 
his  electoral  rights  for  from  five  to  ten  years. 


10      CORRUPT  PRACTICES  AT  ELECTIONS 

France.  The  French  Penal  Code  mak;s  corrupt 
election  practices  offenses  at  law  and  punishes  every  at- 
tempt at  bribery  by  imprisonment  of  from  three 
months  to  two  years  or  by  a  fine  ranging  from  fifty  to 
five  hundred  francs  or  by  both  penalties. 

Germany.  The  Criminal  Code  makes  the  purchase 
or  the  sale  of  an  electoral  vote  punishable  by  imprison- 
ment with  loss  of  civil  rights. 

Italy.  A  permanent  election  commission  of  the 
Chaml>er  of  Deputies  is  provided  for  which  in  accord- 
ance with  the  rules  of  the  Chambers  and  of  the  Penal 
Code  makes  inquiry  into  cases  of  suspected  corrupt 
practices. 

Sweden:  The  Fundamental  Law,  1809,  m.^kes  per- 
sons convicted  of  corrupt  election  practices  ineligible 
to  the  Diet.  Tlie  law  further  provides  imprisonment 
at  hard  labor  for  offenders ;  corruption  is  practically 
unknown. 

Norway.  Corrupt  practices  at  elections  are  made 
punishable  by  the  Criminal  Law,  and  candidates  are 
disqualified  upon  conviction. 

"United  States 

Congress  lias  power  to  control  federal  elections  and 
to  provide  punishments  for  offences.^ 

Act  of  Congress,  Aug.  15,  1876,  c.  287,  sec.  6,  for- 
bids executive   officers   or   employees   of   the   United 

Compare:  ex  parte  Siebold,  1879,  100  U.  S.  371;  ex  parte 
Clarke,  1879,  lOq  U.  S.  399;  ex  parte  Yarbrough,  1883,  110 
U.  S.  651;  Jaines  v.  Bowman,  1903,  190  U.  S.  127. 


1  Bills  are  now  ( I'eb.  ]9(lfl)  p«5"nding.  In  Congress  providing  for 
publicity  of  campaign  contributions  and  expenditures  in  federal 
elections ;  and  also  for  prohibiting  contributions  by  corporations 
chartered  by  the  United  States  or  engaged  in  interstate  com- 
merce. 


CORRUPT  PRACTICES  AT  ELECTIONS  11 

States  from  requesting,  giving  to,  or  receiving  from 
any  other  officer  or  employee  of  the  government  any 
money  or  other  thing  of  vakie  for  pohtical  purposes. 

Act  is  constitutioua!.  Ex  parte  Curtis,  1882,  106  U.  S; 
371. 

Alcbama.  Cr.  Code,  1896,  sees.  4191,  4694.  Pen- 
alty for  giving  away  liquor  at  elections,  fine  and  im- 
prisonment ;  for  bribing  voters,  fine  and  imprisonment 
or  hard  labor. 

Laws,  1899,  p.  126.  Punishes  bribery  at  primary 
elections  and  makes  candidate  guilty  of  bribing  ineli- 
gible for  office. 

Arizona.  Laws.  1895,  c.  20.  Requires  candidates 
and  committees  to  file  sworn,  itemized  statement  of  re- 
ceipts and  expenditures.  Failure  to  file  made  a  mis- 
demeanor and  on  part  of  candidate  also  causes  forfeit- 
ure of  office.  Punishes  bribery  by  fine  or  imprisonment 
or  both.     Retting  on  elections  made  a  misdemeanor. 

Arkansas.  Laws,  1891,  c.  30,  sec.  39.  Bribery  at 
elections  made  a  felony. 

Laws,  1897.  c.  35.  Prohibits  giving  away  intoxi- 
cating liquors  on  primary  election  days. 

California.  Laws,  1893,  c.  16.  Requires  candidate? 
and  committees  to  file  sworn,  itemized  statements  of 
receipts  and  expenditures,  showing  in  detail  all  the 
money  contributed  or  received  with  the  name  of  each 
donor  or  subscriber  or  the  source  from  which  money 
was  derived  together  with  the  names  of  persons  to 
whom  money  was  paid,  the  specific  nature  of  each  item, 
by  whom  the  service  was  performed,  and  the  purpose 
for  which  the  money  was  expended.  Refusal  to  file 
causes  forfeiture  of  office.     Onlv  candidates  or  com- 


12      CORRUPT  PRACTICES  AT  ELECTIONS 

mittees  are  permitted  to  expend  money.  Legitimate 
expenses  are  defined  and  the  amount  that  can  be  ex- 
pended is  limited  according  to  compensation  attached 
to  office.  Bribery  of  electors  is  made  punishable  by 
imprisonment  of  not  .ess  than  one  nor  more  than  seven 
years.  Betting  and  treating  are  punishable  as  misde- 
meanors. 

]-a\vs,  1895,  c.  185,  Requires  independent  candi- 
dates to  conform  to  the  same  recjuirements  as  party 
nominees. 

Laws,  1905,  c.  479.  Giving  or  receiving  or  offering 
to  give  or  receive  anything  of  value  in  order  to  influ- 
ence any  voter  at  any  election  made  punishable  by  im- 
prisonment of  not  less  than  one  nor  more  than  seven 
years. 

Colorado.  Gen.  Laws,  1877.  p.  381.  Giving  away 
liquor  on  election  day  punishable  bv  fine  or  impriscm- 
ment  or  both. 

Laws,  1891,  c.  167.  Requires  candidates  and  com- 
mittees to  file  statement  of  expenses  incurred  in  aid  of 
election.  Statements  are  to  be  made  under  oath  and 
are  to  show  in  detail  all  sums  of  money  received,  from 
whom  received,  and  to  whom  and  for  what  purpose 
money  was  paid.  Failure  to  file  statement  made  a 
misdemeanor  and  on  part  of  candidate  also  causes  for- 
feiture of  office.  Bribery  of  voters  is  made  a  felony 
and  betting  a  misdemeanor. 

Connecticut.  Laws,  1877,  c.  146,  sec.  43.  Betting 
on  elections  is  punishable  by  fine. 

laws,  1895,  c.  69.  Paying  naturalization  fees  for 
others  is  prohibited. 

Laws,  1905,  c.  280.  Requires  candidates,  political 
agents,  and  treasurers  of   political  committees   to   fil" 


CORRUPT  PRACTICES  AT  ELECTIONS  13 

sworn,  itemized  statements  of  receipts,  expenditures, 
and  outstanding  obligations.  No  person  other  than  a 
treasurer  or  political  agent  is  permitted  to  pay  any 
election  expenses  except  that  candidates  may  pay  their 
own  expenses  for  postage,  telegrams,  telephones,  sta- 
tionery, printing,  express,  and  traveling.  Candidates 
who  have  not  expended  anything  for  their  election  are 
to  certify  to  that  fact.  Failure  to  file  statement  by 
candidate  is  punishable  by  a  fine  of  $25  for  every  day 
he  is  in  default  unless  excused  by  the  court. 

Expenditures  which  may  be  incurred  by  treasurers  of 
committees  or  by  political  agents  are  enumerated  and 
corrupt  contributions  and  expenditures  are  defined. 

Inquiry  into  corrupt  practices  may  he  instituted  by 
any  elector  upon  giving  bonds  for  prosecution.  Trials- 
are  to  be  conducted  before  two  judges  without  a  jury 
and  a  unanimous  decision  is  necessary  for  conviction. 
Any  candidate  found  guilty  of  corrupt  practices  is  ren- 
dered ineligible  for  public  office  for  four  years  but  he  is 
not  held  responsible  for  corrupt  acts  of  his  agents  un- 
less done  with  his  sanction  or  connivance.  Penalty 
for  violation  of  the  act  is  a  fine  not  exceeding  $i,ooa 
or  imprisonment  for  not  more  than  one  year  or  both. 

Delaware.  Const.  1897,  art.  5,  sec.  7.  Bribery  of 
electors  punishable  by  fine  or  imprisonment  or  both 
and  by  disfranchisement  for  ten  years.  Betting  on 
elections,  a  misdemeanor.  Testimony  may  not  be  with- 
held on  ground  of  self  incrimination  except  by  person 
accused,  but  such  testimony  is  not  to  ]ye  used  against 
person  testifying  except  for  perjurv. 

Florida.  Laws.  1898,  c.  24.  Prohibits  the  use  of 
money  by  corporations  to  secure  candidacy  or  election 
of  any  person  or  for  any  other  political  purpose. 


14  CORRUPT  PRACTICES   AT  ELECTIONS 

Laws,  1903,  c.  85.  Unlawful  to  give  liquor  on  elec- 
tion day. 

Georgia.  Pen.  Code,  1895,  sec.  629.  Any  person  in 
any  way  concerned  in  buying  or  selling  a  vote  at  any 
election,  guilty  of  a  misdemeanor. 

Laws,  1904,  p.  97.  Extends  penalty  to  offenses  at 
primary  elections. 

Idaho.  Pen.  Code,  1901,  sees.  4576.  4578,  4581. 
Bribing  electors  or  betting  on  elections,  misdemeanors. 
Giving  away  liquor  on  election  day,  prohibited. 

Illinois.  Rev.  St.  1899,  c.  46,  sees.  83,  85.  Any 
person  soliciting  or  receiving  money,  liquor,  or  any 
other  thing  of  value  either  to  influence  his  vote  or  to 
procure  the  vote  of  another  is  guilty  of  bribery  and 
upon  conviction  is  to  be  sentenced  to  disfranchisement 
for  not  less  than  five  nor  more  than  fifteen  years  and  to 
jail  not  less  than  three  months  nor  more  than  one  year, 
and  to  pay  costs  of  prosecution  and  stand  committed 
until  paid.  For  second  offense,  to  be  forever  disfran- 
chised in  the  state,  imprisoned  in  jail  not  less  than  a 
year  and  to  stand  committed  until  costs  of  prosecution 
are  paid.  Any  person  thus  disfranchised,  offering  to 
vote  shall  on  conviction  be  confined  in  penitentiary  for 
not  less  than  one  nor  more  than  ten  years.  Any  person 
bribing  or  promising  to  bribe  is  not  liable  to  punish- 
ment but  shall  be  compelled  to  testify  in  prosecutions. 
Eetting  on  ejection  punishable  by  fine  or  imprisonment 
or  both. 

Act  is  constitutional.  Christy  v.  People,  1903,  206  111. 
337. 

Indiana.  Rev.  St.  1901,  sec.  2194.  Giving  away 
liquor  on  election  days  punishable  by  fine  and  impris- 
onment. 


CORRUPT  PRACTICES  AT  ELECTIONS  15 

Sec.  6339y.  Candidates  for  county,  township,  city, 
or  municipal  office,  voted  for  at  any  convention  or  pri- 
mary are  required  to  file  itemized  statements  of  ex- 
penses with  the  county  or  city  clerk.  Failure  to  file  is 
punishable  by  fine,  from  $50  to  $500,  by  disfranchise- 
ment, and  ineligibility  to  public  office  for  a  definite  pe- 
riod. 

Laws,  1905.  c.  158.  Bribery  at  elections  is  punish- 
able by  fine  not  to  exceed  $50  and  by  disfranchisement 
and  disqualification  for  holding  office  for  ten  years. 

Laws,  1905,  c.  169.  Penalty  for  betting  upon  elec- 
tions, fine,  or  fine  and  imprisonment. 

lozva.  Laws,  1895,  c.  59-  Bribery  at  elections  pun- 
ishable by  fine  or  imprisonment  or  both, 

Kansas}  Laws,  1893,  c.  yy.  Prohibits  the  use  of 
money  or  other  valuable  thing  to  influence  voters  or  to 
reward  services  at  polls,  also  prohibits  treating. 

Kentucky.  St.  1899,  sees.  1575,  1586-87.  Bribery 
at  elections  excludes  oiTender  from  office  and  suffrage. 
Also  adds  fine  as  punishment  for  receiving  and  fine  or 
imprisonment  or  both  for  giving  bribe.  Furnishing 
liquor  on  election  day,  a  misdemeanor. 

Laws,  1900,  c.  12.  Unlawful  for  corporations  to 
contribute  to  campaign  funds. 

Louisiana.  Laws,  1890,  c.  78.  Bribery  at  elections 
punishable  by  fine  and  imprisonment  at  hard  labor. 

Maine.  Rev.  St.  1903,  c.  6,  sees.  95,  97.  Bribery 
and  corruption  at  elections  made  punishable  b^'  fine  and 
imprisonment   and   ineligibility  to   any   office   for   ten 


•Laws,  3  903.  c.  230.  Repeals  Gen.  St.  1901,  sees.  2734 — 42, 
requiring  itemized  statement  of  expenditures  in  political  cam- 
paigns. 


16  CORRUPT  PRACTICES  AT  ELECTIOIiS 

years.     Betting  on  elections  punishable  by  forfeiture 
of  wager  to  the  town. 

Maryland.  Code,  1904,  art.  33,  sees.  88,  112.  At- 
tempting to  influence  any  voter  by  bribery  or  reward  or 
oflFer  or  promise  thereof,  punishable  by  imprisonment. 
Betting  upon  elections  punishable  by  fine. 

Massachusetts.  Rev.  Laws,  1902,  c.  11,  as  amended 
by  Laws,  1903,  c.  318,  and  1904,  c.  375,  380.  Candi- 
dates and  committees  are  required  to  file  sworn  state- 
ments of  expenses.  Payments  by  candidates  are  limit- 
ed to  contributions  to  political  committees  and  for  per- 
sonal expenses  which  may  include  payments  for  travel- 
ing, writing,  printing,  the  transmission  of  letters,  cir- 
culars, and  messages,  and  for  similar  purpo^^es.  The 
statements  filed  by  committees  and  by  others  handling 
funds  are  to  set  forth  in  detail  all  receipts,  expendi- 
tures, disibursemcnts  and  outstanding  obligations:  if 
the  accounts  of  any  conunittee  do  not  exceed  $20  that 
fact  shall  be  certified.  Committees  and  otliers  hand- 
ling funds  are  prohibited  from  paying  naturalization 
fees.  Complaint  ot  violation  of  the  law  may  be  made 
either  by  the  proper  official  or  by  five  registered  voters. 
Proceedings  for  enforcement  are  to  be  brought  by  the 
attorney  general  or  by  the  proper  district  attorney. 
Penalty  for  violation  of  law,  a  fine  of  not  more  than 
$1,000,  or  imprisonment  not  exceeding  a  year.  Pen- 
alty for  bribing  voters,  imprisonment  limited  to  one 
year. 

Michigan}  Comp.  Laws,  1897,  sees.  11437-69. 
Bribery  at  elections  is  punishable  by  fine  or  imprison- 


•Laws,  1001.  c.  61.  Repeals  sec.  3654  of  Comp.  Laws,  1897 
(Laws.  1801.  0.  lOO)  .requirlnsr  candidates  and  election  commit- 
tees  to  report   expenditures   under  oatli. 


CORRUPT  PRACTICES  AT  ELECTIOXS  17 

ment  or  both.  Giving  away  liquor  or  betting  on  elec- 
tions made  misdemeanors.  Legitimate  expenses  in- 
clude the  cost  of  printing  and  advertising,  holding  pub- 
lic meetings  and  procuring  speakers,  obtaining  and  dis- 
tributing papers  and  tickets,  and  bringing  voters  to  the 
polls. 

Minnesota.  St.  1894,  sec.  '120.  Prohibits  giving 
away  liquor  on  election  day. 

Laws,  1895,  c.  139.  Sections  of  the  general  election 
law  making  bribery  a  misdemeanor  are  applied  to  vil- 
lage elections. 

Laws,  1895.  c.  277.  Bribing  or  furnishing  funds  for 
bribery  at  elections  is  made  a  ft.lony  ;  punishable  by  fine 
of  $500  with  costs  and  by  imprisonment  of  not  more 
than  five  years.  Seeking  or  receiving  a  bril>e  is  made 
a  misdemeanor.  Tri^ating  and  entertaining  are  for- 
bidden. Legal  expenditures  include  payments  for  pub- 
lic speakers  and  musicians,  the  personal  traveling  ex- 
penses of  candidates,  the  rent  of  halls,  the  cost  of 
printing,  postage,  telegraph,  and  other  messenger  serv- 
ice, the  hire  of  clerks,  challengers  and  canvassers,  and 
the  use  of  carriages  to  convey  infirm  or  disabled  voters 
to  and  from  the  polls.  Contributions  of  candidates  are 
limited  according  to  the  number  of  voters,  and  candi- 
dates and  committees  are  required  to  file  sworn  state- 
ments of  expenses.  Failure  to  file  on  part  of 
committees  is  made  a  misdemeanor,  while  the  filing  of 
the  statement  by  candidates  is  a  pre-requisite  for  hold- 
ing office  or  receiving  salary  and  failure  to  file  is  pun- 
ishable by  a  fine  limited  to  $1,000.  Actions  for 
violation  of  the  law  may  be  brought  at  any  time  during 
the  term  of  office.  The  act  does  not  apply  to  village, 
township,  or  school  district  elections. 


18      CORRUPT  PRACTICES   AT   ELECTIONS 

Mississippi.  Ann.  Code,  1892,  sees.  1597,  3275. 
Penalty  for  treating  or  bribing  voters,  fine  and  im- 
prisonment. 

Missouri.  Laws,  1893,  P-  ^57-  Requires  a  state- 
ment of  receipts  and  expenditures  to  be  filed  bv 
committees  and  candidates.  Failure  causes  forfeiture 
of  office.  Defines  legitimate  expenses,  limits  the 
amount  that  can  be  expended  according  to  the  number 
of  voters,  prohibits  treating  by  candidates  and  provides 
punishment  for  bribery  and  betting. 

Laws,  1897,  p.  108.  Prohibits  use  of  corporation 
funds  for  political  or  campaign  purposes,  and  places 
penalties  on  employers  for  bribing  employees. 

Montana.  Pen.  Code,  1895,  sees.  74-1 11.  It  is 
made  a  misdemeanor  to  furnish  money  at  elections  for 
any  purpose  except  for  holding  public  meetings,  for 
printing  and  circulating  ballots,  handbills,  and  other 
papers.  Solicitation  of  and  payments  by  candidates, 
forbidden.  Expenses  of  candidates  are  limited  and 
candidates  and  committees  are  required  to  file  sworn, 
itemized  statements  of  expenditures.  Penalty  for  vio- 
lation, fine  and  imprisonment.  Betting  on  elections 
or  giving  away  refreshments  with  purpose  of  influ- 
encing an  elector  are  made  misdemeanors.  Bribery  is 
punishable  by  fine  and  imprisonment.  If  it  is  proven 
before  any  court  for  the  trial  of  election  contests  or 
petitions  that  any  corrupt  practice  has  been  committed 
by  or  with  the  actual  knowledge  and  consent  of  any 
candidate  elected,  his  election  is  void. 

Laws,  1905,  c.  99.  Extends  penalties  of  the  general 
election  law  to  offenses  at  primaries. 

Nebraska.     Comp.   St.     1903,  sees.  2103-06.     Pro- 


CORRUPT  PRACTICES  AT  ELECTIONS  19 

hibits  use  of  corporation  funds  for  political  or  cam- 
paign purposes. 

sees.  342(>-48.  Requires  candidates  and  political 
committees  to  file  sworn,  itemized  statements  of  ex- 
penditures. Candidates'  expenses  are  limited  accord- 
ing to  the  number  of  voters.  Contributions  to  defray 
expenses  of  naturalization  are  prohibited.  Treating, 
entertainment,  and  other  expenditures  not  expressly 
permitted  by  law  are  made  misdemeanors. 

sees.  4234,  7891.  Betting  on  e.ections  punishable  by 
fine.     Liquor  not  to  be  given  away  on  election  days. 

Laws,  1905,  c.  66.  Bribery,  a  misdemeanor  pun- 
ishable by  fine,  from  $100  to  $500,  or  by  imprisonment 
not  exceeding  a  year,  or  both,  in  the  discretion  of  the 
court. 

Xe^'ada.^  Comp.  Laws,  1900,  sees.  r6o6,  1672- 
75.  Betting  on  elections  or  giving  away  liquor  on 
election  days  made  misdemeanors.  It  is  made  a  fel- 
ony to  offer  a  bribe,  or  to  furnish  or  procure  entertain- 
ment, or  to  convey  persons  to  polls,  or  to  furnish  any 
money  or  property  to  promote  elections  except  for  the 
expense  of  holding  public  meetings  or  printing  and 
circulating  ballots,  handbills,  and  other  papers. 

AUw  Hampshire.  Pub.  St.  1901,  c.  39,  sees.  10-13, 
20.  Losing  liquor  to  influence  voters  punishable  by 
fine.  Offering  reward  or  contributing  money  or  any 
other  valuable  thing  to  influence  persons  in  voting 
punishable  by  fine  or  imprisonment.  Fine,  divided 
between  prosecutor  and  the  county.  Inquest  in  case  of 
alleged  bribery  to  be  made  by  any  justice  of  the  peace 
or  police  judge  upon  written  complaint  of  five  voters. 


'Laws.   1899.   c.  108.     Repeals  law.   1895,  c.   10.S.   requiring  can- 
didates  and   election   committees   to   file  statements  of  expenses. 


20      CORRUPT  PRACTICES  AT  ELECTIONS 

New  Jersey.  Gen.  St.  1895,  p.  1317,  1370.  Bet- 
ting on  elections  prohibited.  Bribing  voters  punish- 
able by  fine  or  imprisonment  or  both. 

Laws,  1896,  c.  173.  Made  unlawful  to  solicit  money 
from  or  to  sell  tickets,  etc.  to  candidates. 

New  Mexico.  Comp.  Laws,  1897,  sec.  1636,  1662. 
Penalty  for  bribery  of  voters,  fine  and  imprisonment 
and  exclusion  forever  from  franchise  or  office. 

New  York.  Laws,  1890,  c.  94,  and  1892,  c.  693. 
Ever)^  candidate  is  required  to  file  sworn,  itemized 
statements  of  expenses  showing  in  detail  all  sums  of 
money  contributed  or  expended  by  him  directly  or  in- 
directly or  by  others  in  his  behalf.  Penalty  for  viola- 
tion imprisonment  not  exceeding  a  year  and  forfeiture 
of  office.  Assessment  of  officers  for  political  purposes 
made  a  misdemeanor. 

Laws,  1895,  c.  155.  Any  person  excepting  author- 
ized representative  of  political  party  soliciting  money 
from  a  candidate  or  seeking  to  induce  him  to  purchase 
tickets,  etc.  is  guilty  of  a  misdemeanor. 

Laws,  1895,  c.  885.  Alade  a  misdemeanor  to  fur- 
nish money  or  entertainment  to  induce  attendance  at 
polls  but  expenses  for  conveying  electors  to  polls,  for 
furnishing  music,  or  for  rent  of  halls,  or  for  printing 
and  circulating  handbills,  books,  and  other  papers  are 
lawful. 

Laws,  1896,  c.  112,  amended  by  Laws,  1904,  c.  205. 
L'nlawful  to  give  away  liquor  within  specified  dis- 
tances of  voting  places  while  polls  are  open. 

Laws,  1900,  c.  70.  Is  made  a  misdemeanor  to  so- 
licit money  or  other  property  from  candidates  for 
newspaper  support. 

Laws,  1899,  c.  302.  as  amended  by  Laws,  1900.  c. 
737.     Upon  the  advice  of  the   governor  the  attorney 


CORRUPT  PRACTICES  AT  ELECTIONS  21 

general  is  to  assign  deputies  to  act  as  counsel  for  the 
state  superintendent  of  elections  and  to  take  charge  of 
prosecutions  for  crimes  against  the  elective  franchise. 
Extraordinary  terms  of  court  may  be  called  if  neces- 
sary. 

Laws,  1905,  c.  625.  Bribery  at  elections  is  made  a 
fe.ony  punishable  by  imprisonment  not  exceeding  five 
years ;  giving  a  bribe  also  disqualifies  for  holding  office 
and  receiving  a  bribe  disfranchises  for  five  years. 

North  Carolina}  Laws,  1895,  c.  159.  Bribery,  bet- 
ting, treating,  or  giving  away  liquor  on  election  days 
made  misdemeanors. 

North  Dakota.  Rev.  Codes,  1899,  sees.  6855-60, 
6890.  Bribery  at  elections  made  punishable  by  fine 
or  imprisonment  or  both,  also  by  disfranchisement. 
It  is  made  a  misdemeanor  to  bet  upon  elections  or  to 
contribute  money  to  promote  the  election  of  any  can- 
didate except  for  expenses  of  holding  public  meetings 
and  for  the  printing  and  circulating  of  handbills,  and 
other  papers. 

OMo.'-  Anno,  and  Rev.  St.  1900,  sees.  2(^66-48- 
49-51,  6339,  6448,  6948,  7039-42.  Bribery  at  elec- 
tions punishable  by  fine  or  imprisonment  or  both ; 
givmg  a  bribe  also  forfeits  office  on  part  of  offender 
and  receiving  a  brilje  excludes  from  suffrage  for  five 
years.  Betting  on  elections  or  giving  away  liquor 
punishable  by  fine  or  imprisonment.  Any  candidate 
at  a  primary  election  paying  or  promising  a  bribe  to 
any  elector  becomes  ineligib'e  for  office  and  disquali- 


•Laws.  ISO7.  c.  IS.").  Repeals  provision  of  1S9.~>  requiring  can- 
didates  to   file  statement   of   election    expenses. 

2  Laws,  lf)02.  p.  77.  Repeals  Rev.  St.  1000.  sec.  .'^022.  subd. 
1-24  (Law.  1896.  p.  12.Si  requiring  candidates  and  committees 
to   file  statements  of  election   expenses. 


22      CORRUPT  PRACTICES   AT  ELECTIONS 

fied  for  voting  or  being  nominated  at  such  election  or 
convention. 

Laws,  1904,  p.  107.  Provides  penalties  for  bribery 
at  primary  elections. 

Oklahoma.  Rey.  and  Anno.  St.  1903,  sees.  1977-82, 
2010.  Bribery  at  elections  made  punishable  by  fine 
or  imprisonment  or  both,  also  disfranchises  offender. 
Betting  upon  elections  or  furnishing  money  for  elec- 
tions either  on  the  part  of  candidates  or  of  others  to 
promote  the  election  of  any  person  made  a  misde- 
meanor. Use  of  money  permitted  for  expenses  of 
holding  public  meetings  and  for  printing  and  circulat- 
ing ballots,  handbills,  and  other  papers. 

Oregon.  Const.  1859,  art.  2,  sec.  7.  The  giving  or 
offering  of  a  bribe  by  a  candidate  causes  forfeiture  of 
ofiice. 

Codes  and  St.  1901,  sees.  1900-01.  Penalty  for 
bribery  at  elections,  imprisonment ;  for  giving  away 
liquor,  fine  or  imprisonment  or  both. 

Pcmtsykania.  Const.  1874,  art.  7,  sec.  i.  Officials 
before  entering  upon  duty  are  required  to  swear  that 
they  have  not  contributed  or  promised  to  contribute 
either  directly  or  indirectly  any  valuable  thing  to  pro- 
cure their  nomination  or  election  or  appointment  ex- 
cept for  expenses  expressly  authorized  by  law. 

art.  8,  sec.  8,  9.  Bribery  causes  forfeiture  of  right 
to  vote  and  forever  disqualifies  for  holding  office. 

Laws,  181 7.  p.  204.  Betting  on  elections,  a  misde- 
meanor. 

Laws,  1874,  p.  64.  Contributions  by  candidates  ex- 
cept for  specified  purposes  are  prohibited. 

This  act  excepts  out  every  direct  and  indirect  purchase 
of  the  vote  or  influence  of  an  elector,  and  every  act  for  any 


CORRUPT  PRACTICES  AT  ELECTIONS  23 

corrupt  purpose  whatever,   incident  to  an  election.     Com- 
monwealth V.  Walter,  1877,  86  Pa.  15. 

The  statute,  however,  does  not  prohibit  the  employment 
of  friends  to  canvas  the  district  on  behalf  of  a  candidate, 
and  to  secure  the  return  of  delegates  or  the  casting  of  votes 
for  him;  such  services  are  a  good  consideration  for  a 
promise  to  pay  for  them.  Williams  v.  Commonwealth, 
1879,  91  Pa.  493. 

Laws,  1 88 1,  p.  70.  Penalty  for  bribery  at  nominat- 
ing conventions  or  primary  elections,  fine  and  impris- 
onment. 

Laws,  1883.  p.  96.  Assessment  of  public  officers  by 
campaign  committees  punishable  by  a  fine  not  to  ex- 
ceed $100. 

Laws.  1887,  p.  113.  Furnishing  liquor  on  election 
day,  a  misdemeanor. 

Laws.  1889,  p.  16.  Bribery  at  e'ections  made  a 
misdemeanor;  pimishable  by  fine  not  over  $1,000  and 
imprisonment  limited  to  one  year. 

Laws,  1897.  p.  275.  Assessment  of  public  officers 
for  political  puqxyses  by  heads  of  departments  pun- 
ishable by  fine  limited  to  $1,000  or  by  imprisonment 
not  exceeding  a  year,  or  by  both  in  the  discretion  of 
the  courr. 

Laws,  1897,  p.  276.  Payment  of  poll  tax  for  other 
persons  except  on  written  order,  a  misdemeanor. 

Laws,  1906,  No.  6.  Prohibits  municipal  officers  or 
employees  in  cities  of  the  first  class  from  soliciting  or 
contributing  funds  for  political  purposes.  Penalty,  a 
fine  limited  to  $500  and  forfeiture  of  office. 

Laws,  1906,  No.  — .^  Reqtiires  candidates  and 
treasurers  of  political  committees  to  file  sworn  state- 
ments of  nomination  and  election  expenses  if  the 
amount  exceeds  $50.  All  expenditures  of  political 
committees  must  pass  through  the  hands  of  the  treas- 


•  Approved    by   the   Governor,   Mar.   .5.     Not   yet  published. 


24      CORRUPT  PRACTICES  AT  ELECTIONS 

iirer.  Legal  expenditures  are  limited  to  the  following 
purposes :  i .  for  printing  and  traveling  and  incidental 
persona!  expenses,  stationery,  advertising,  postage, 
express,  freight,  telegraph,  telephone  and  public  mes- 
senger services;  2.  for  dissemination  of  public  in- 
formation ;  3.  for  political  meetings,  demonstrations 
and  conventions  and  for  the  pay  of  speakers ;  4.  for 
renting  and  furnishing  offices ;  5.  for  the  payment  of 
clerks,  janitors,  messengers,  etc.  actually  employed; 
6.  for  election  watchers ;  7.  for  taking  voters  to  and 
from  the  polls ;  8.  for  bona  fide  legal  expenses. 
Contributions  for  political  purposes  by  corporations 
are  forbidden.  Filing  of  statement  is  a  pre-requisitc 
for  entering  upon  office  and  any  five  electors  may  in- 
stitute an  inquiry  into  the  accounts  filed  by  candidates 
or  committees.  Any  violation  of  the  act  is  punishable 
by  fine  ranging  from  $50  to  $1,000  or  by  imprison- 
ment from  one  month  to  two  years  or  both  at  the  dis- 
cretion of  the  court. 

Rhode  Island.  Gen.  Laws,  1896,  c.  14.  Penalty 
for  bribing  voters,  fine  or  imprisonment  or  both. 

South  Carolifw.  Cr.  Code,  1902,  sees.  271-4.  Bet- 
ting on  elections,  a  misdemeanor.  Bribery  punish- 
able by  fine  and  imprisonment. 

Laws,  1904,  no.  231.  Treating  within  a  mile  of  a 
voting  precinct  on  election  days  made  punishable  by 
fine  or  imprisonment  with  labor. 

South  Dakota.  Pen.  Code,  1901,  sees.  7510,  7545- 
54.  Furnishing  money  for  elections  except  for  ex- 
pense of  holding  public  meetings  and  of  printing  and 
circulating  ballots,  handbills,  and  other  papers,  a  mis- 
demeanor. Bribery  at  elections  made  an  infamous 
crime  punishable  by  imprisonment,  forfeiture  of  office, 


CORRUPT  PRACTICES  AT  ELECTIONS  25 

and    disfranchisement    for    five    years.     Giving  away 
liquor  or  betting  upon  elections,  misdemeanors. 

Tennessee.  Laws,  1897,  c.  14.  Prohibits  bribes 
either  before  or  after  election. 

Laws,  1897,  c.  18.  L^se  of  corporation  funds  for 
political  or  Ccimpaign  purposes,  unlawful. 

Texas.  Const.  1876,  art.  16,  sec.  i.  Recjuires  every 
legislator  and  state  officer  before  entering  upon  his 
duty  to  swear  or  affirm  that  he  has  not  drectly  or  in- 
directly paid  or  promised  to  pay  anything  as  a  reward 
for  the  giving  or  withholding  a  vote  at  the  election 
at  which  he  was  elected. 

Sec.  5.     Bribery  to  secure  election  disqualifies. 

Laws,  1905,  c.  II.  ^Managers  of  headquarters, 
clerks  and  agents  and  others  handling  funds  or 
using  influence  for  any  political  party  or  for  any  can- 
didate are  required  to  file  sworn,  itemized  statements 
of  receipts  and  expenditures,  showing  in  detail  the 
source^  of  the  funds  or  support  received  and  the  pur- 
poses for  which  they  were  employed  ancl  whether 
there  is  reason  to  suspect  that  any  person  furnishing 
funds  or  influence  was  acting  for  or  in  the  interest  of 
any  corporation.  Candidates  are  also  required  to  file 
sworn,  itemized  statements  of  expenses  including 
amounts  paid  to  newspapers,  hotels,  and  for  traveling. 
Failure  to  file,  a  misdemeanor  pun'sh^ble  by  a  fine  of 
not  less  than  $200  nor  more  than  $500  and  in  the  dis- 
cretion of  the  court,  by  a  sentence  to  work  on  the 
roads  not  less  than  thirty  days  nor  more  than  one 
year. 

Bribery,  whether  under  the  guise  of  a  wager  or 
otherwise,  is  made  a  felony ;  also  d'squah'fies  for  office. 
Giving  away  liquor  on  election  days,  a  misdemeanor. 
Paying  the  poll  tax  of  another  except  as  permitted  by 


26  COiiltUPT  PRACTICES  AT  ELECTIONS 

law  is  a  felony  punishable  by  imprisonment  for  not  less 
than  two  nor  more  than  five  years.  Advancing  money 
to  another  for  paying  poll  tax,  or  giving  or  receiving 
a  consideration  for  a  poll  tax  receipt  made  misde- 
meanors. Issuing  a  poll  tax  receipt  to  a  fictitious  per- 
son is  punishable  by  imprisonment  of  from  three  to 
five  years.  Assessment  of  public  officers  or  employees 
for  political  purposes  made  a  misdemeanor. 

Political  advertising  is  to  be  labeled  as  such  and  to 
be  paid  for  at  regular  rates;  the  penalty  for  violation 
is  a  fine  of  not  less  than  $500  nor  more  than  $1,000 
and  imprisonment  in  jail  or  work  on  the  roads  not  ex- 
ceeding thirt}'  days. 

Contributions  by  corporations  for  political  purposes 
are  prohibited ;  if  made  with  the  connivance  of  its 
president,  financial  agent,  or  treasurer,  corporation  is 
to  forfeit  its  charter. 

Utah}  Laws,  1890,  c.  35.  Giving  away  liquor  on 
election  days,  a  misdemeanor. 

Laws,  1896,  c.  56.  Bribery  at  elections  punishable 
by  fine  or  imprisonment  or  both.  Retting  on  elections, 
a  misdemeanor. 

Vermont.  St.  1894,  sees.  51 13-14.  Provides  pen- 
alties for  bribery  and  for  giving  away  liquor  at  elec- 
tions. 

Laws,  1903,  c.  6.  Prohibits  payment  or  promise  of 
money  to  secure  nomination  except  for  personal,  trav- 
eling, printing,  and  incidental  expenses. 

Virginia.  Code,  1904,  sees.  144b,  145a,  3824,  "3847, 
3853.  Expenditures  by  candidates  or  by  others  in 
their  behalf  are  prohibited  except  for  printing  or  ad- 


'The   provision   of   1806.   requlrlnpr  oandidntes  and    election    com- 
mittees to  report  expenses,  was  repealed   In   1807. 


CORRUPT  PRACTICES  AT  ELECTIONS  27 

vertising  in  newspapers  or  for  securing  halls  for  pub- 
lic speaking;  penalty,  fine  or  imprisonment.  Every 
candidate  is  required  to  file  a  sworn  statement  setting 
forth  in  detail  all  sums  of  money  contributed,  dis- 
bursed, expi^nded,  or  promised  by  him  and  by  others 
in  his  behalf  to  secure  his  nomination  or  election  and 
also  all  sums  contributed,  expended,  or  promised  by 
him  in  connection  with  the  nomination  or  election  of 
other  persons  at  such  election.  The  statement  is  to 
show  the  date  and  the  persons  to  whom  and  the  pur- 
poses for  which  all  such  sums  were  paid  or  promised ; 
penalty  for  failure  to  comply,  a  fine  not  exceeding 
$5,000.  Conviction  of  violation  of  law  makes  election 
null  and  vo'd  unless  contestant  is  entitled  to  office. 
Penalties  are  provided  for  bribing  election  officers,  for 
giving  or  receiving  bribes,  for  giving  away  liquor,  and 
for  betting  on  elections. 

Washington.  Cod..  1901,  sees.  1748-49.  Bribery 
of  voters  or  giving  away  liquor  on  election  day  pun- 
ishable by  fine  or  imprisonment  or  both. 

West  Jlrginia.  Const.  1872,  art.  4,  sec.  i.  Brib- 
ery in  an  election  disfranchises  offender. 

Code.  1899.  c.  5.  sees.  8-1 1.  Provides  penalties  for 
bribery,  treating,  and  for  betting  on  elections. 

Wisconsin.  Rev.  St.  1898,  sees.  13.  4478-81,  4535. 
4542b  as  amended  by  Laws,  1899,  c.  341.  The  pen- 
alty for  bribery  at  anv  election  is  imprisonment,  at 
any  caucus  or  preliminary  meetnig.  fine  or  imprison- 
ment or  both ;  conviction  of  bribery  excludes  from 
right  of  suffrage  unless  restored  to  civil  rights;  office 
obtained  by  bribery  is  to  be  deemed  vacant.  Betting 
on  any  election  is  punishable  by  fine  and  loss  of  vote. 

Sees.  4543b-f   as    amended    by    Laws.  1905.  c.  502. 


28      CORRUPT  PRACTICES  AT  ELECTIONS 

Contributions  of  money  to  aid  the  nomination  or  elec- 
tion of  any  person  to  the  legislature  by  non-resident 
of  district  are  prohibited ;  penalty  for  violation,  impris- 
onment ;  not  to  apply  to  payments  for  his  own  personal 
expenditures  by  any  person  participating  in  a  cam- 
paign nor  to  contributions  made  to  committees  to  be 
expended  for  general  purposes.  A  sworn  statement  is 
to  be  filed  by  every  candidate  showing  in  detail  each 
item  in  excess  of  $5.00  contributed,  disbursed,  ex- 
pended, or  promised  by  him  and  to  the  best  of  his 
knowledge  by  others  in  his  behalf  in  endeavoring  to 
secure  the  nomination  or  election  of  himself  or  of  any 
other  person  and  also  showing  the- dates  when  and  the 
persons  to  whom  and  the  purposes  for  which  such 
sums  were  paid,  expended,  or  promised.  Such  state- 
ment shall  also  set  forth  that  the  same  is  as  full  and 
explicit  as  affiant  is  able  to  make  it;  the  county  clerk 
is  to  publish  names  of  candidates  failing  to  comply 
and  the  district  attorney  is  to  examine  all  statements 
filed  and  to  institute  prosecutions  for  violations ;  pen- 
alty for  violation  is  fine  of  not  less  than  $25  nor  more 
than  $500.  Accounts  of  disbursements  by  political 
committees  are  to  be  kept  by  treasurer  through  whose 
hands  all  funds  are  to  pass  and  who  is  required  to  keep 
and  file  a  full  and  detailed  statement  of  the  sums  re- 
ceived or  disbursed,  giving  the  date  when  and  the  per- 
son for  whom  received  and  to  whom  paid  and  the 
object  and  purpose  for  which  the  sum  was  received  or 
disbursed,  together  with  a  complete  account  of  the  out- 
standing financial  obligations  of  the  committee;  viola- 
tion by  treasurer  punishable  by  imprisonment. 

Laws,  1905,  c.  492.  Prohibits  political  contribu- 
tions by  corporations.  Penalty,  fine  of  not  less  than 
$100  nor   more   than   $5,000  or  by   imprisonment  of 


CORRUPT  PRACTICES  AT  ELECTIONS  29 

from  one  to  five  years  or  both  fine  and  imprisonment 
in  the  discretion  of  the  court. 

Wyoming.  Const.  1889,  art.  6,  sec.  8.  Requires 
that  every  legislator  and  every  judicial  state  or  county 
officer  before  entering  upon  duty  swear  that  he  has  not 
paid  or  contributed  or  promised  to  pay  or  contribute 
directly  or  indirectly  any  money  or  other  valuable 
thing  to  procure  his  nomination  or  election  except  for 
necessary  and  proper  expenses  expressly  authorized  by 
law. 

Rev.  St.  1899^  sec.  379.  Betting  on  elections  dis- 
qualifies for  voting  or  for  holding  office. 


30      CORRUPT  PRACTICES  AT  ELECTIONS 


SUMMARY 


The  leading  provisions  of  contemporary  laws^  may 
be  briefly  outlined  under  the  following-  headings : 
I.  publicity;  2.  restrictions  on  contributions;  3.  lim- 
itations on  expenditures;  4.  procedure  for  judicial  in- 
quiry; 5.  penalties. 

Publicity 

Statements  of  receipts  and  expenditures.  The  re- 
quirements made  in  the  diflferent  states  for  filing  sworn, 
itemized  statements  vary.  Provisions  exist  for  state- 
ments by  candidates,  political  agents,  committees,  and 
others  handling  funds. 

Candidates.  For  statements  required  of  candidates  com- 
pare the  laws  of  Ariz.  Cal.  Col.  Conn.  Mass.  Minn.  Mo. 
Mont.   Neb.   N.  Y.   Tex.   Va.  and  Wis. 

Committees.  Compare  Ariz.  Cal.  Col.  Conn.  Mass.  Minn. 
Mo.  Mont.  Neb.  Tex.  and  Wis.  for  statements  required  of 
political    committees. 

Political  agents.  The  English  statute  of  1883,  46  and  47 
Vict.  c.  51,  explicitly  requires  that  every  candidate  and  also 
his  head  agent  file  sworn  statements  giving  the  names  of 
all  persons  emiployfd  and  the  amounts  paid  to  them. 

Others  handling  funds.  The  Texas  law  of  1905  has  the 
inclusive  provision  that  "all  others  handling  funds"  also 
file  sworn,  itemized  statements. 


U'-or  a  comparison  of  the- laws  of  the  different  states  see,  Laics 
and  Juilicial  Dcciaiona. 


CORRUPT  PRACTICES  AT  ELECTIONS  31 

Publication  of  statements.  Some  of  the  laws  merely 
require  that  the  statements  be  filed  for  public  inspec- 
tion;  others  provide  for  advertisement  in  newspapers, 
while  still  others  require  publication  in  the  form  of  a 
public  document. 

Compare  laws  of  Cal.  Col.  Conn.  Mass.  Neb.  Va.  Wis. 
England,  and  Ontario. 

Restrictions  on  contributions 

Among  recent  attempts  to  limit  the  source  of  funds 
are  those  prohibiting  contributions  by  corporations. 
Limitations  have  also  been  placed  upon  the  solicitation 
of  candidates,  and  the  assessment  of  pubic  officers  and 
employees.  Prohibiting  contributions  by  non-residents 
of  district  to  aid  in  the  nomination  or  election  of  any 
person  to  the  legislature  is  a  further  attempt  to  limit 
the  sources  of  funds. 

Corporate  contributions.  Compare  the  laws  of  Mo.  Neb. 
and  Tenn.  for  1897;-  Fla.  1898;  Ky.  1900;  and  Wis.  1905. 
Forfeiture  of  charter  or  of  the  right  to  do  business  within 
the  state  are  among  ihe  penalties  imposed  for  violation. 

Restrictions  on  non-residents.  See  Wis,  Rev.  St.  1898, 
sec.  4543b,  prohibiting  non-resident  contribrtions. 

Solicitation  of  candidates.  Compare  laws  of  Cal.  Conn. 
111.  and  N.  J.  making  solicitation  of  candidates  unlawful. 
Contributions  to  authorized  committees  or  agents  permitted. 

Political  assessments.  See  U.  S.  Act  of  Cong.  Aug.  15, 
1876,  c.  287,  sec.  6,  forbidding  assessments. 

Limitations  on  expenditures 

Expenditures  are  limited  as  regards  the  purpose  of 
payments,  tho  amount  that  may  te  spent,  and  the 
agency  for  the  disbursements  of  funds. 

Purpose  of  payments.  Among  the  payments  pro- 
hibited are  those  for  bribery,  betting,  treiting.  and  en- 
tertainment. 

Bribery.  Giving  or  receiving  a  corsidention  for  a  vote 
was  an  offense  at  common  law.  Rex  v.  Pitt.  17^2,  3  Burr. 
1335. 


32      CORRUPT  PRACTICES  AT  ELECTIONS 

Betting.  Compare  laws  of  Ariz.  Cal.  Me.  Mo.  Neb. 
N.  D.  Okla.  Pa.  Tex.  and  Wis.  making  betting  on  elections 
illegal. 

Treating  and  entertainment.  Compare  laws  of  Ark.  Fla. 
Miss.  N.  H.  N.  C.  and  S.  C.  prohibiting  treating  and  en- 
tertainment. 

Expenditures  either  prohibited  or  closely  limited  in- 
clude: payments  for  naturalization  fees,  or  poll  taxes 
of  others ;  the  hiring  of  conveyances  and  an  undue 
nimiber  of  workers ;  and  the  payment  of  money  for 
bands,  torches,  badges,  and  other  insignia. 

Natiiralization  fees.  Compare  laws  of  Conn,  and  Neb. 
making  payment  of  fees  for  another  unlawful. 

Poll  taxes.  See  Tex.  Laws,  1905,  c.  11  for  strict  prohi- 
bitioEs  against  paying  or  pledging  the  poll  tax  of  another. 

Hiring  conveyancers,  bands,  etc.  The  English  law  of 
1883  makes  hiring  conveyances  to  bring  electors  to  the 
polls  an  illegal  practice,  and  paying  for  bands,  torches,  etc. 
illegal  payments. 

Election  workers.  See  the  English  law,  1883,  which  de- 
prives election  workers  of  vote,  and  the  Minn,  law  of  1895, 
c.  277,  which  limits  their  employment  for  designated  du- 
ties. 

Amount  spent.     In  several  states  the  amount  which 

may  be  spent  is  limited  either  according  to  tiie  number 

of  voters  or  to  the  amount  of  salary  attached  to  office. 

Number  of  voters.  Compare  the  law  of  Minn.  1895.  and 
of  Mo.  1893,  for  limitations  based  on  number  of  voters. 

Salary.  The  Cal.  law,  1893  limits  the  expenditures  of 
candidates  according  to  salary. 

Responsibility  for  expenditures.  Requiring  expen- 
ditures to  be  made  exclusively  through  designated  and 
duly  authorized  agents  secures  unity  and  responsibility 
in  disbursements. 

The  Conn,  law  of  1905  requires  all  election  expenses  to 
be  paid  by  treasurers  of  committees,  or  by  political  agents, 
except  specified  expenditures  permitted  to  candidates. 


CORRUPT  PRACTICES  AT  ELECTIONS  33 

Procedure  for  judicial  inquiry 

Among  the  methods  employed  to  secure  judicial  in- 
quiry into  election  offenses  are  the  following: 

Initiative    by    citizens.     This    method    enables    any 

elector  or  group  of  electors  to  institute  proceedings. 

Compare  laws  of  Cal.  1893,  and  of  Conn.  1905,  for  this 
method. 

Suit  by  candidate.  Another  method  of  procedure  is 
to  authorize  the  candidate  having  the  next  highest 
number  of  votes  to  bring  suit  in  the  name  of  the  state 
in  case  the  attorney  general  fails  to  act  upon  a  petition 
charging  violations  of  the  law. 

For  an  application  of  this  plan  see  the  Mo.  law  of  1893. 

Official  inquiry.     The  laws  quite   generally   provide 

for  official  initiative  to  bring  offenders  to  trial. 

Compare  the  various  mfthods  of  Cal.  Conn.  Mass.  Minn. 
N.  Y.  and  Wis.  in  providing  for  inquiry  into  election  of- 
fenses. 

7>/a/  of  petitions.  Usually  several  judges  preside 
in  the  election  court  and  there  is  no  jury.  In  some 
states  there  are  only  two  judges  and  a  imanimous  de- 
cision is  necessary  for  conviction. 

Compare  laws  of  Conn.  N.  Y.  and  Minn,  for  different 
methods. 

Appeals.  Provision  is  made  for  appeal  from  elec- 
tion courts  to  higher  courts  as  in  other  cases. 

In  Cal.  whenever  an  election  is  annulled,  appeal  must 
be  taken  within  ten  days.  In  Ontario  appeals  are  given 
precedence  over  all  ordinary  cases. 

Penalties 

The  penalties  of  the  law  vary  according  to  the  na- 
ture of  the  offense  and  the  statutory  provisions  of  the 
different  jurisdictions. 


34      CORRUPT  PRACTICES  AT  ELECTIONS 

Fines  end  imprisonment.  The  severity  of  the  pen- 
alties varies  greatly  in  the  different  states,  ranging" 
from  trifling  sums  to  thousands  of  dollars  for  fines  and 
from  brief  periods  of  confinement  in  jail  to  long  im- 
prisonment in  the  penitentiary. 

For  a  variety  of  penalties  compare  the  laws  of  Cal.  Conn. 
Mass.    Minn.    Mo.    Nob.    N.  Y.    Va.  and  Wis. 

Disfranchisement.  Exclusion  from  the  right  of  suf- 
frage for  varying  periods  is  made  tho  penalty  for  dif- 
ferent corrupt  practices. 

The  Illinois  law  of  1899,  c.  46,  disfranchises  the  bribe 
takfr  from  five  to  fifteen  years,  and  for  a  second  offense, 
forever.  Was  held  constitutional,  Christie  v.  People,  1903, 
206  111.  337. 

Kentucky  makes  both  the  giving  and  the  taking  of  a 
bribe  at  an  election  purishable  by  loss  of  suffrage. 

Disfranchisement  of  district.  During  the  19th  cen- 
tury quite  a  number  of  election  boroughs  in  England 
were  disfranchised  on  account  of  the  prevalence  of 
bribery. 

Forfeiture  of  office.     In  England  it  is  a  recognized 
.  principle  that    bribery    disqualifies    for    holding  office. 
In  the  United  States  constitutional  or  statutory  provi- 
sions making  bribery  a  disqualification  for  office  are 
found  in  most  of  the  states. 

See  State  v.  Eltiag,  1883,  29  Kan.  397;  State  v.  Collier, 
1880,  72  Mp.  13;   Stare  v.  Olin,  1868,  23  Wis.  309. 

But  in  the   absence    of    such    provisions    the  courts 

have  generally  held  that  bribery  would  not  disqualify 

a  candidate  for  holding  office. 

People  v.  Thornton,  1881,  25  Hun.  (N.  Y.)  456;  Com.  v. 
Shaver,  1842,  3  W.  6  S.  (Pa.)  338:  People  v.  Goddard,  1885, 
8  Col.  461. 

Under  some  of    the    laws    reqtiiring    statements  of 


CORRUPT  PRACTICES  AT  ELECTIONS  35 

election  contributions  and  expenditures,  failure  to  con- 
form brings  forfeiture  of  office. 

Compare  laws  of  Cal.  Minn.  Mo.  and  Neb.  respecting  for- 
feiture. 

The  N.  Y.  statute  provides  for  forfeiture  of  office  for  cor- 
rupt practices  but  lias  no  proceeding  to  enforce  the  pen- 
alty. 

Annulment  of  election.  An  election  secured  by  brib- 
ery is  void. 

Universally  the  rule.  Wayne  Co.  v.  Judges,  1895,  106 
Mich.  166;  People  v.  Thornton,  1881,  25  Hun.  (N.  Y.)  456; 
State  V.  Purdy,  1874,  36  Wis.  213. 


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